ICFAI LAW SCHOOL

ICFAI UNIVERSITY DEHRADUN

Assignment on Topic :- Fundamental Right to

Education in Global Sense: A Myth or Reality

Submitted by - Jaya Vats

Enrollment - 23FLPCDDN01047

Batch - LLM (2023-24)

Subject - LAW AND JUSTICE

Submitted to - Prof. (Dr.) B Acharya

AIM
This assignment aims to explore the dichotomy between the
ideal of holistic education as a fundamental right and the
practical challenges hindering its realization. It underscores
the significance of addressing these challenges to truly fulfill
the promise of education for all, not just in words but in a
holistic and meaningful manner.
ACKNOWLEDGEMENT

I am thankful to God for his choicest blessings which he has abundantly showered upon me. The
corrections and editions suggested by him have helped immensely into shaping my project into
the form it is today. He took interest in my work and has given shape to my ideas with her rich
and scholarly legal acumen and academic experience without which the completion of this
project would not have been possible. I also extend my sincere gratitude to my subject teacher
for motivating me to work hard. I also take this opportunity to thank the Librarian and staff of
Library of ICFAI LAW SCHOOL, for all the aid and support he has extended to the whole batch
of LLM including me. My heartfelt gratitude goes to my Dear mother & parents who has always
been a rock- solid foundation for me and who have constantly guided me through all trials and
tribulations. I am also indebted to my siblings and thankful to friends.

Thanking You

Adv. Jaya Vats

DECLARATION

I, Jaya Vats, Enroll No 23FLPCDDN01047, a student of LL.M. of ICFAI

UNIVERSITY , Dehradun, do hereby declare that this research paper is an
original work and has not been submitted to any other institution of learning
or university for the award of any degree. The text reported in research paper is
the outcome my own efforts and no part of this paper has been copied in any
unauthorized manner and no part in it has been incorporated without due
acknowledgment. I have not infringed copyright of any other author.

Place -DEHRADUN JAYA VATS

Enroll no. 23FLPCDDN01047

Abstract:

The Fundamental Right to Education (RTE) has been a cornerstone in many nations, aiming to
provide equal educational opportunities to all. However, the implementation and realization of
this right in a holistic sense remain a subject of debate. This assignment critically examines the
concept of RTE, its implementation, challenges faced, and the extent to which it reflects a
holistic reality.

Introduction:

The Fundamental Right to Education is a crucial societal directive ensuring that every individual,
irrespective of social, economic, or cultural background, has access to education. This right aims
not just for basic literacy but for a comprehensive and holistic educational experience. Despite its
fundamental importance, the practical implementation often raises questions about its efficacy
and fulfillment in a holistic manner

Historical Context:

The notion of education as a fundamental right gained significant traction globally after the
United Nations adopted the Universal Declaration of Human Rights in 1948, declaring education
as a fundamental human right. Subsequently, many nations incorporated this principle into their
constitutions or legal frameworks.

The establishment of education as a fundamental right across nations marked a pivotal moment
in global human rights agendas. However, the translation of this right from policy to practice has
faced numerous hurdles, leading to questions about its holistic realization.
Understanding Holistic Education:

Holistic education encompasses not only the basic facets of literacy and numeracy but also
focuses on social, emotional, creative, and physical development. It emphasizes critical thinking,
problem-solving skills, and values necessary for responsible citizenship. However, achieving this
comprehensive educational experience for all remains a considerable challenge.

Challenges to Holistic Education:

1. Access and Equity: Disparities in access to quality education persist due to socio-
economic factors, geographic location, gender bias, and cultural norms.
2. Quality of Education: Mere enrollment numbers don't reflect the quality of education.
Issues such as outdated curriculum, inadequate infrastructure, and underqualified teachers
hinder holistic learning experiences.
3. Inclusivity and Diversity: Education systems often struggle to accommodate diverse
learning needs and cater to students with disabilities or special needs, impacting the
holistic development of these individuals.
4. Resources and Funding: Insufficient funding and allocation of resources in educational
institutions hamper the implementation of holistic educational practices.
5. Cultural and Societal Factors: Societal norms and cultural biases often influence
educational systems, leading to exclusionary practices. This impacts the holistic
development of individuals by not embracing diverse perspectives and experiences.
6. Technology Divide: While technology can enhance learning experiences, the digital
divide exacerbates inequalities. Lack of access to technological resources and digital
literacy skills can hinder holistic education, especially in a technologically advancing
world.

Initiatives and Progress:

Despite challenges, various initiatives and reforms have been undertaken globally to enhance the
holistic nature of education. Examples include inclusive education policies, curriculum reforms
focusing on skill development, teacher training programs, and technological advancements in
education.

Community Engagement: Involving communities in educational processes fosters a

more holistic approach. Community-driven initiatives, parental involvement, and
partnerships with local organizations contribute to a more comprehensive educational
experience.

Policy Reforms: Ongoing reforms in educational policies aim to address the challenges
to holistic education. These reforms focus on inclusive practices, curriculum revisions,
teacher training, and equitable resource allocation.

RIGHT TO EDUCATION (ART.21)

The Right to Education (RTE) is a fundamental human right recognized by various international
agreements and many national constitutions. It asserts that every individual has the right to
access quality education without discrimination. This right is not just about attending school; it
encompasses the right to a holistic education that fosters intellectual, social, emotional, and
cultural development.

Let's explore the Right to Education with a case study:

Case Study: Right to Education in India

Background: In India, the Right to Education was enshrined as a fundamental right under
Article 21A of the Constitution in 2009. The Right of Children to Free and Compulsory
Education (RTE) Act was enacted to ensure that every child between the ages of 6 to 14 has the
right to free and compulsory education.

Challenges Faced:
 1. Access and Enrollment: The RTE Act aimed to ensure universal enrollment and access
to schools for all children. However, challenges persisted in remote areas, especially
among marginalized communities due to inadequate infrastructure, lack of schools, and
socio-economic barriers.
2. Quality of Education: While the RTE Act focused on enrollment, ensuring quality
education remained a challenge. Issues such as a shortage of qualified teachers, outdated
teaching methods, and inadequate resources hindered the provision of quality education.
3. Inclusivity and Equality: Despite efforts to promote inclusivity, disparities continued to
exist among different socio-economic groups and marginalized communities. Children
with disabilities and those from disadvantaged backgrounds faced barriers to accessing
education on an equal footing.

Positive Developments:

1. Increased Enrollment: The RTE Act led to a significant increase in school enrollment
across the country, with a considerable rise in the number of children attending primary
schools.
2. Infrastructure Improvement: Efforts were made to improve school infrastructure,
including the construction of new schools and the provision of basic amenities like clean
drinking water and sanitation facilities.
3. Inclusive Education: There were initiatives to promote inclusive education, such as
setting up special schools for children with disabilities and implementing programs to
address the needs of marginalized communities.

Ongoing Challenges and the Path Forward:

Despite progress, challenges persist in realizing the Right to Education in its holistic sense in
India. Issues like the quality of education, teacher training, inclusivity, and bridging socio-
economic gaps remain significant hurdles.

The way forward involves continued policy reforms, increased investment in education,
enhancing teacher training programs, addressing socio-economic disparities, and fostering a
culture that values education as a fundamental right for every child, regardless of background or
ability.

Article 21A of the Indian Constitution guarantees the Right to Education as a fundamental right
for children aged 6 to 14. The Article mandates the state to provide free and compulsory
education to all children in this age group. Several significant cases have helped interpret and
implement this provision effectively. Here are a few notable ones:

Mohini Jain v. State of Karnataka (1992):

● Case Background: The case dealt with the issue of the right to education as a
fundamental right under Articles 14, 21, and 21A of the Constitution.
● Explanation: The Supreme Court held that the right to education is implicit in the right
to life and personal liberty (Article 21) and is a fundamental right under Article 21A. It
affirmed that education is essential for the realization of other fundamental rights and
ordered the state to provide education to all children aged 6 to 14.

Unni Krishnan v. State of Andhra Pradesh (1993):

● Case Background: This case addressed the issue of commercialization and privatization
of education.
● Explanation: The Supreme Court upheld the Right to Education as a fundamental right
and recognized that private educational institutions could exist, but they must reserve a
certain percentage of seats for economically weaker sections (25% reservation for
children from disadvantaged groups).

PA Inamdar v. State of Maharashtra (2005):

● Case Background: This case dealt with the autonomy of private unaided educational
institutions in admissions.
● Explanation: The Supreme Court acknowledged the autonomy of private unaided
educational institutions in admissions. However, it also upheld that such institutions
could not ignore the 25% reservation for students from economically weaker sections,
emphasizing the societal obligation of these institutions.
Pramati Educational & Cultural Trust v. Union of India (2014):

● Case Background: This case focused on the validity of the Right of Children to Free and
Compulsory Education Act, 2009 (RTE Act).
● Explanation: The Supreme Court upheld the constitutional validity of the RTE Act,
emphasizing the importance of providing free and compulsory education to children aged
6 to 14. It reinforced the obligation of the government and local authorities to implement
the RTE Act effectively.

State of Kerala v. Mythri Vidya Bhavan English Medium School (2015):

● Case Background: This case centered on the applicability of the RTE Act to unaided
minority schools.
● Explanation: The Supreme Court ruled that the RTE Act's provisions related to
reservation of seats for disadvantaged groups are applicable to unaided minority schools
as well. However, it upheld the autonomy of such institutions in matters of administration
and management.

The cases revolving around Article 21A of the Indian Constitution, ensuring the Right to
Education for children aged 6 to 14, have collectively reinforced the fundamental nature of this
right and its implications on various aspects of education in the country.

Through these legal interpretations:

1. Fundamental Right Affirmation: The judiciary has consistently recognized the Right to
Education as an essential and inherent part of an individual's right to life and personal
liberty (Article 21). It emphasizes the crucial role education plays in the holistic
development and empowerment of individuals.
2. Equitable Access: These cases have stressed the importance of ensuring equitable access
to education for all, especially for children from marginalized and economically weaker
sections. The reservation of seats in private institutions for disadvantaged groups has
been a significant outcome in this regard.
 3. Balance of Autonomy and Social Obligation: While recognizing the autonomy of
private educational institutions, the judiciary has also underscored their societal
obligation. Private institutions, while enjoying autonomy, are mandated to fulfill their
social responsibility by reserving seats for economically weaker sections.
4. Validation of Legislative Framework: The courts have validated the legislative
framework concerning education, particularly affirming the constitutionality and
importance of the Right of Children to Free and Compulsory Education Act, 2009 (RTE
Act). This act has become a cornerstone in ensuring the implementation of the Right to
Education.

These legal interpretations collectively reinforce the significance of education as a fundamental

right, the responsibility of both the state and private institutions in its fulfillment, and the
necessity of equitable access for all children.

CONCLUSION

In conclusion, these cases have not only affirmed the constitutional validity of the Right to
Education but have also laid down crucial guidelines and directives for its effective
implementation. They emphasize the pivotal role education plays in shaping an inclusive and
empowered society while balancing the rights of individuals and the societal obligation of
educational institutions.

The Fundamental Right to Education in a holistic sense is an ideal that nations strive to achieve
but often falls short due to multifaceted challenges. While progress has been made, disparities in
access, quality, and inclusivity persist. To bridge this gap between myth and reality, concerted
efforts involving government policies, community involvement, innovative teaching
methodologies, and equitable resource allocation are imperative.